Nittany Nightmare Continues Past Sandusky: Former President Spanier Charged- NEW Charges for Curley and Schultz Filed

Happy Valley- PA On the heels of convicted child molester Jerry Sandusky’s transfer to his new home,  what most predicted would follow- has.

 

 

 

Former Penn State President Graham Spanier,  fired by the Penn State Board of Trust the same day as legendary late-Nittany Lions Coach Joe Paterno, is facing serious charges today filed by Sandusky’s prosecutors.

Spanier is facing counts of obstruction of justice,  perjury, conspiracy, endangering the welfare of children and failure to report allegations of child abuse.

Tim Curley and Gary Schultz,  who were facing perjury and charges based on “non-reporting”,  are now facing all five similar charges as Spanier-  additional filings occurred simultaneously.

Linda L. Kelly stated the men “used their positions to conceal and cover up for years the activities of a known child predator,” on Thursday following the announcement.

 

Please check back to www.blinkoncrime for this developing story.

 

 

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2,787 Comments

  1. Kim from PA says:

    Here is an interesting pic of clouds on July 4th 2013 that look just like Joe Paterno:

    http://blogs.mcall.com/nittany_lines/2013/07/is-that-joe-paterno-in-the-clouds-above-state-college.html

  2. J. J. in Phila says:

    The cloud does not contain the iconic glasses, so no on the clouds. It is just wishful thinking, like so much else here.

    There was an article where the Paterno’s attorney said that the NCAA violated their own bylaws. http://www.centredaily.com/2013/07/04/3676790/paterno-family-attorney-ncaa-failed.html

    The short is is “No, they didn’t.”

  3. Steve says:

    “The state Superior Court refused Friday to void an order requiring Jerry Sandusky’s defense attorneys to provide sworn statements listing all material they received from prosecutors and shared with anyone else.”
    http://www.pennlive.com/midstate/index.ssf/2013/07/jerry_sandusky_lawyer_to_chall.html

    Trying to find whom is leaking grand jury information, I think.

    Yep.

    Let’s provide a hint.

    Sounds like Roam Ling ERR

    B

  4. Rose says:

    @JJ- PA. Well, good luck to Spanier, whose job alone made him a Public Person.
    Wonder what PSU fan is footing those artorney’s fees. Freeh’s focus was on activities
    in the course of Spanier’s employment in what could be loosely called his job performance.

  5. J. J. in Phila says:

    Spanier could try to show “malice,” but your are correct, Rose. There is a fairly high standard regarding a public figure.

    Spanier, at least, sued the right person, in comparison to the Paterno suit.

    With the exception that his Boss’s hired him, and as per that contract it allowed release of the report. No legs, imo.
    B

  6. J. J. in Phila says:

    Freeh is indemnified, so if he’s sued, PSU picks up the tab. Freeh won’t pat a cent, even if he loses.

    The contract covers Freeh in that regard, but, in theory, Spanier could still be libeled by it. The problem is that Spanier is a public figure, so even if Freeh is not accurate, it is difficult to get a judgment. Another problem is that Freeh might be accurate. :)

    Agreed to an extent, without posting the limitations within statute about slander/libel/defamation- truth is always the defense.

    He filed suit pending criminal charges- I would say that smacks of a hail mary in PR land.

    Respectfully, having heard Spanier’s interview stating abuse in contrast to the actual real and proven sexual abuse vicims suffered at the hands of Sandusky- I want to send Jon Coffey, (like the drink ma’am) to go see him and ask for feedback.

    Who really thinks the NCAA has the last word here?

    B

  7. J. J. in Phila says:

    The NCAA will probably win the Paterno suit, if it isn’t dismissed. They don’t have a case.

    The BOT agreed to the conditions- end of story, imo.

    B

  8. Rose says:

    While I pondered why a criminal defense attorney would bring that civil tort suit knowing it would not succeed at trial, I wondered why not hire a real tort attorney who would counsel him out. I too decided the civil suit was for PR.
    Then I realized, it’s the advantage of civil Discovery prior to criminal trial.
    His attorney is a little late, imo.

  9. Word Girl says:

    Has this been posted? Matt’s name change for himself and family–published today 7/17/13, but photo is from last month.

    http://www.cnn.com/2013/07/17/justice/sandusky-name-change/index.html?hpt=hp_t2

  10. J. J. in Phila says:

    For Spanier, I think he had only a year to file and he had hit the deadline.

    He thinks he’s going to win the criminal case; he also though it was a good idea not to report Sandusky and put it in an e-mail.

    LOL, good point.
    B

  11. lizzy says:

    J. J. in Phila says:
    July 18, 2013 at 1:45 pm

    . . .

    He thinks he’s going to win the criminal case; he also though it was a good idea not to report Sandusky and put it in an e-mail.

    . . .

    The good ideas just seem to keep flowing at Penn State, even without Spanier at the helm. Who’s really navigating?

  12. J. J. in Phila says:

    That’s Spainer’s thinking, NOT PSU’s.

  13. Rose says:

    McQueary
    http://deadspin.com/witness-joe-paterno-would-say-jerry-sandusky-was-a-si-950739732

    In the interest of full disclosure: it is hard to read that the intimation was JoePa saw it for what it was. I know that at no time do I believe had he known what Sandusky was “for real” he would not have done more.

    I also know in retrospect he wishes he would have. Is he guilty of tunnel vision, maybe. Is he guilty of wallpapering a pedo for the good of the game- no. I will always wish that he was at a place to better engage and if it comes out that my assessment is wrong, I am ready to address same.

    B

    It is about children, and their right to be just that, without interference of the worst kind.
    B

  14. J. J. in Phila says:

    Blink, there is a difference between “knowing” and “proving.”

    Yep. Let’s agree that Sandusky was able to fool many for many years, but I will always believe many looked the other way to preserve a perceived status. I think the Second Mile has gotten a fat pass in all this and should not have.
    B

  15. Rose says:

    You mean the 2nd Mile Exec Directors & Board Members.

  16. J. J. in Phila says:

    The first case was settled.

    Total cost is expected to be around $60 million.

    http://www.centredaily.com/2013/08/18/3742329/attorney-sandusky-victim-5-first.html

    It is expected that the overall cost to PSU will be in excess of $150 million.

  17. Rose says:

    Well, JJ, I’m looking to see Penn State go after 2nd mile–its remaining assets, former Board members (imo not,
    due to overlapping social circles), & 2nd Mile’s insurers–and the latter corp’s defense.

  18. Rose says:

    if I were the latter, I’d argue from the beginning (college & post-graduation), Sandusky was a creation of Penn State as to professional stature & persona. And 2nd mile with its attendant child contact would not exist but for Penn State’s
    employment,retention, failure to supervise or investigate as needed, & professional promotion of Sandusky. In the Penn State vs 2nd Mile suit, the key question will be what did PS disclose to the 2nd Mile Board thru proper channels wrt reports on Sandusky after the McQueary incident.!

  19. Rose says:

    forget that “!”,
    an iphone invention.
    geez

  20. J. J. in Phila says:

    Rose, part of the settlement was that the victims would not sue TSM. I think it was in the P-N that this was due to some sort of reimbursement arrangement with TSM’s insurance carrier.

    I was troubled about it when I first heard about it, but it apparently it beneficial to PSU.

  21. erose says:

    Good for Matt and his family. I agree that TSM execs should be held accountable, and do not believe for one minute that Sandusky was the only molester. I think there is something to Bucceroni’s claims.

    Lawyer: Sandusky’s son is among 7 in Penn State deal

    http://news.msn.com/crime-justice/lawyer-sanduskys-son-is-among-7-in-penn-state-deal

    Matt Sandusky files motion to have name changed

    http://www.cnn.com/2013/07/17/justice/sandusky-name-change

  22. Rose says:

    @JJ. imo PennState is the proper entity to sue 2nd Mile, its Directors & Board.
    Vics are made as “whole” monetarily as they can be by the settlements.
    Penn State as an ed institution is a victim too. (I think suing a few
    knowledgeable PS Board members
    of yore and a couple Counsels (out & in)
    not a bad idea either.

  23. J. J. in Phila says:

    The Board is indemnified. Their oversight was horrible, however.

    From what the P-N indicated, there would be a partial reimbursement of PSU, not that the BoT has done a good job (or any job) of explaining it.

    Baldwin was a victim or a co-conspirator; I don’t know which.

  24. Rose says:

    Imo as a person, Baldwin was a victim.
    But, in her professional role (Peter Principaled up from
    a line level attorney in need of supervision
    for whatever reason or connections),
    she should be accountable for her PSU
    job performance by the Bar or by a tort action.

  25. J. J. in Phila says:

    Fina says that Paterno was not part of the cover-up: http://www.pennlive.com/midstate/index.ssf/2013/09/jerry_sandusky_prosecutor_no_e.html#incart_river_default

    On Baldwin, she was a former state supreme court justice. If they told her that they didn’t find anything, that would not be on her.

  26. Rose says:

    Gricar down a mine shaft? what’s this?

  27. J. J. in Phila (the real one) says:

    It appears to be a false story. It was a report from an inmate informant:

    http://www.abc23.com/News/NewsDetails.asp?NewsID=12298

    The informant first claimed that the ex-Hell’s Angel was upset because Gricar prosecutor him and got him a higher sentence. It turns out that Sloane was the prosecutor and that that, while Sloane tried to get a higher sentence for guy, he didn’t succeed in doing so.

    http://www.altoonamirror.com/page/content.detail/id/575024/Bellefonte-chief-doubts-Hells-Angels-Gricar-story.html?nav=742

  28. J. J. in Phila (the real one) says:

    I don’t know if this is the place to post it, but the NCAA has reduced the scholarship part of the sanctions, and is considering restoring bowl eligibility.

    The reason is for swift compliance with the Freeh Report recommendations.

    http://www.centredaily.com/2013/09/24/3804708/breaking-penn-state-trustee-says.html

  29. Rose says:

    TY, Real JJ-PA. Personally I think NCAA is trying to mitigate school-related
    penalty onus to divide PS’s interests from Paterno family interests.

  30. J. J. in Phila (the real one) says:

    It may not. There are a lot of problems with the Paterno suit, including some of the identical problems with the Corbett suit. Nobody actually party to the Paterno suit would get a scholarship.

    I am a bit surprised it was this early; I thought something might occur after the PSU 3 trial.

  31. Steve says:

    http://www.fortmilltimes.com/2013/10/03/3001365/ex-pa-auditor-generals-law-license.html
    “Don Bailey, a former state auditor general and congressman, said Thursday he intends to fight a five-year suspension of his law license in federal court.”

    I guess Wendell Courtney can breathe a sigh of relief : )

  32. Steve says:

    http://www.ncaa.org/wps/wcm/connect/public/NCAA/Resources/Latest+News/2012/July/Penn+State+Decision
    “NCAA files motion in Corman Case

    Three weeks ago the Pennsylvania Commonwealth Court declined to dismiss the claims asserted by State Senator Corman and State Treasurer McCord against the NCAA concerning the $60 million fine imposed upon Penn State under the Consent Decree.

    Today, the NCAA asked the Court to permit the NCAA to seek immediate appeal of this decision to the Pennsylvania Supreme Court.

    The Commonwealth Court’s decision addressed important threshold matters, including whether the case can continue without Penn State’s participation and whether Senator Corman and Treasurer McCord even have the authority under Pennsylvania law to bring an action of this nature. Although the Commonwealth Court determined that the case can move forward at this time, the Court’s President Judge disagreed and would have dismissed this case. The NCAA is therefore seeking to appeal this decision immediately so that these important threshold issues can be fully resolved before further consideration of the case.

    “As today’s filing indicates, the NCAA will continue to contest the effort by Senator Corman and State Treasurer McCord to interfere with the Consent Decree between the NCAA and Penn State,” said NCAA Chief Legal Officer Donald Remy. “This case is fatally flawed because it has been brought by the wrong parties, would determine Penn State’s rights without its participation, and needlessly delays funds for child abuse prevention programs nationally.”

    It seems the Supreme court upheld the NCAA reasoning.

  33. J. J. in Phila (the real one) says:

    Spanier is asking for his libel suit against Freeh to be delayed ubntil after the criminal suit: http://www.centredaily.com/2013/10/21/3848442/graham-spanier-seeks-to-delay.html

  34. Rose says:

    @JJ-PA. Can you remind me of the
    name of the law firm that most reputably
    represented several victims?

  35. J. J. in Phila (the real one) says:

    Rose, I’m not sure if there was one law firm, or even one that represented most of the victims. There was guy from Philadelphia.

  36. J. J. in Phila (the real one) says:

    Andrew Shubin is ONE of them. He is a local criminal defense and civil attorney. Active and fairly successful: http://www.statecollegelaw.com/

  37. Rose says:

    @JJ-PA. I found Feller Casey, but will pass on this one too. TY.
    I am appalled to date the 6 vics in school below have Allred (gasp, useless).
    The school of Cheney GKs & Liz, Steve Case, T MacAuliffe, M warner,
    Leading Families, the Saudis, Kennedys, tech world, Bush world.
    A Culture of Silence & Comportment. (I was there; wrote my share of
    abuse facts to Head. A Spanier Clone.)
    If they hire Freeh, I’ll barf big time.

    received today:

    MONDAY, OCTOBER 28, 2013

    A LETTER FROM THE POTOMAC SCHOOL

    Dear Potomac Parents, Alumni, and Friends,

    I am writing to inform you of an important School action regarding former Potomac teacher and administrator Christopher Kloman, who was recently sentenced to 43 years in prison for sexual abuse of children in the 1960s and 1970s. Since law enforcement authorities contacted the School last fall, we have cooperated fully in their investigation and honored their request to avoid any action that might jeopardize their work. With the criminal proceedings now complete, The Potomac School Board of Trustees on Friday authorized an independent, third-party investigation of Mr. Kloman’s abusive behavior and any allegations of other misconduct. In addition, this investigation will aim to determine what the School knew and how it responded.

    During the criminal investigation, victims testified that Mr. Kloman abused other students, and some have indicated that the School learned of the abuse at the time and failed to act appropriately. Although these incidents occurred years ago, it is our duty and responsibility to determine the truth. Only through an investigation can we support the victims and draw lessons for how we can best protect and serve children today and in the future.

    We will select and announce an independent investigator soon. We will insist on a skilled criminal investigator with unimpeachable integrity and experience working with victims. This individual will reach out to victims and interview School officials and staff of the day as well as invite anyone with information—including former students, parents, and employees—to come forward. We intend to respect the privacy and confidentiality of all, including those who did not speak to legal authorities earlier. Fact-finding will include a comprehensive review of sworn testimony, School archives, and personnel records.

    The investigation will be deliberate and thorough, and we will share the key findings with the entire Potomac community. The School’s mission is anchored in a pledge to build strength of character within every student, and every day we teach the importance of honor and compassion. By acting now with forthrightness and integrity, we can show our children how to live by these words.

    On behalf of the School, I offer the victims my sincerest apology, sympathy, and regret, and I thank them once again for their courage in coming forward. Their lives changed forever when a teacher broke his sacred obligation to care for his students. No child should suffer as they did.

    Sincerely,

    John Kowalik

  38. J. J. in Phila (the real one) says:

    Sandusky has appealed to the State Supreme Court: http://www.centredaily.com/2013/11/01/3865753/sandusky-asks-pa-supreme-court.html

    Note that they can decline to hear the appeal.

  39. Rose says:

    Let’s just point out Freeh is in this McLean crowd, like Starr was (see url 2):
    http://m.huffpost.com/us/entry/4128359/
    http://gawker.com/he-took-the-time-to-chat-ken-starr-s-plea-for-a-chil-1464516616
    comparable to Penn State/Sandusky, but much worse.
    No doubt in my mind the Heads & Boards knew of these incidents at the time.
    (Yes, I was a 7 year parent.)

  40. Rose says:

    glad Mr Raynes did not recommend settlement & is willing to work at the plethora of lawyers Penn State & the Board will throw at him:
    “”It’s now clear that Penn State enabled Sandusky to sexually abuse more than 20 other children before Sandusky preyed on this boy,” wrote the plaintiff’s lawyer, Stephen E. Raynes. “Each of those tragic assaults provided Penn State with the opportunity to stop Sandusky, opportunities which Penn State squandered. We will learn through this lawsuit why that happened and what additional lessons Penn State should learn from this tragic episode in its history.”
    Dottie will be one witness attempting to discredit him. He is only 20, a lot to face.
    http://m.espn.go.com/ncf/story?storyId=10011817&src=desktop

  41. Rose says:

    this was one of Raynes’ strongest cases:
    http://www.pennlive.com/midstate/index.ssf/2013/11/penn_state_named_in_new_lawsui.html
    Poor lad will have to face Sandusky in Court, who will see this as his new time at bat, and trash the
    victim. I expect him to take the stand to malign the young man.
    I hope the same Judge tries the case. It seems other victims received an average of 2 million,
    so he really had no choice. $3 M say would hardly pay his attorney fees for the last trial & mediation,
    lifelong therapy, education & job supports if he has ptsd. I wish Pennlive would link to pleadings.

  42. Rose says:

    Some Comments on the Pennlive article are interesting. Those who settled contracted not to sue anyone else, presumeably including Sandusky. ( That’s something the US didn’t give Jamie Dimon. )

    Apparently Penn State and/or Sandusky’s defense will have to discredit the Freeh Report.
    —-
    from Comments
    http://www.dauphincounty.org/government/Court-Departments/CurleySchultz/Brief-in-Support-of-Motion-for-Severance-Schultz.pdf
    p22 comparing Schultz & Curley’s grand jury testimony
    ——
    The Kloman case informs my impression of how a community can “cover up,” particularly the Board, Administrators, & staff, when a serial predator teaches amongst them. In that setting it was simply a part of an insular social & school culture, and a generalized Board & Head management style that was (and probably still is) pervasive for decades.
    Last week when passing at a charitable auction, I asked a leading alumnus his take on the mitigation letters recommending a communityservice sentence, because one writer self-identified his law firm – a firm one of whose 2 named fathers (deceased) was this elderly man’s father.
    He said it was hard because while serial sexual molestation of minors Kloman taught was a severe crime, “his father was a wonderful man,” “our father’s were friends,” “he was in school with me at St Paul’s,” and so on. Community & social ties with an otherwise likeable man who did a great deal of good in his life is thought in these insular cultures to be quite mitigating, as Ken & Alice Starr outlined in their letter. So one can see how unlikely it was Sandusky would ever be reported by PS Administrators or coaches.

  43. J. J. in Phila (the real one) says:

    There will be a preliminary hearing on the admissibility of Cynthia Baldwin’s testimony on Tuesday. There are two questions here:

    http://www.centredaily.com/2013/12/14/3942486/cynthia-baldwin-testimony-likely.html

  44. J. J. in Phila (the real one) says:

    Spanier’s gj testimony and Baldwin’s redacted testimony is released: http://www.pennlive.com/midstate/index.ssf/2013/12/documents_show_prosecutors_str.html#incart_m-rpt-1

  45. Rose says:

    anyone else see this?
    http://m.espn.go.com/ncf/story?storyId=10168866&src=desktop
    my own opinion is JS had a contractual relationship wrt his pension.
    And his criminal conviction has no
    relevance to that pension contract
    Wonder if Sanduskies have competent labor/employment litigatir
    on board? This is significant monthly $, so
    should have retained competent counsel.

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